A registered design is a valuable piece of commercial property that allows you to act to prevent the appearance of your product from being copied by competitors.
A design is the overall appearance of a product resulting from one or more visual features. A visual feature of a product may be its overall shape or a two dimensional pattern or ornamentation applied to the product. The 'feel' of a product or the materials from which it is made is not regarded as a visual feature and can therefore can not be protected by a registered design.
Design registration services
We can assist with you with all your design registration needs, including:
- searches to establish registrability or freedom to use your design;
- arranging to have suitable drawings prepared for your design application;
- filing design applications in Australia and overseas;
- responding to examination reports;
- requesting Third Party Examination of a Registered Design;
- extension of your design registrations (in Australia) and payment of renewal fees (overseas);
- management of your portfolio of registered designs;
- infringement and validity opinions; and
- intellectual property audits, advising you of screening protocols for registrable designs and infringement risk management.
In Australia, no power of attorney or authorisation of agent form is required.
The following information is required to file a design application in Australia:
- the applicant's full name and address;
- representations of the design as applied to an article which adequately show the features sought to be protected (preferably good quality line drawings showing top, bottom, left side, right side, front, back and perspective views); and
- details of any convention priority claim.
Before acceptance, the following information is required:
- details of how the applicant derived title from the author of the design.
Taking your intellectual property further
Our patent attorney team works very closely with our associated law firm, Allens, to give you designs advice that is second to none. Specialist designs lawyers at Allens can help you take your designs further both in the maximisation of their commercial potential, and the enforcement of your rights; as well as advising you in relation to defending an infringement allegation, or removing the design registration of one of your competitors.
Complex laws govern the overlap between design rights and copyright.
Our associated law firm Allens operates in alliance with Linklaters LLP.